Domain Name Disputes ODR Hub
Sometimes parties disagree about who has the rights to a .nz domain name, or about associated domains added to an existing domain name. These disagreements are called disputes. Our new dispute resolution pilot program aims to assist with the settlement process.
From the week of 21 March 2022 the Domain Name Commission will be offering an online dispute resolution pilot program. This is free to file which helps you and the other party reach a legally binding agreement through e-negotiation or mediation. You may participate in one or in several.
If resolution via e-negotiation or mediation does not resolve the issue, parties are able to submit documentation (complaint, response and reply) which is then submitted to an Expert for Determination.
E-negotiation and mediation will be conducted via our online dispute resolution service platform, whilst correspondence for the Expert determination stage will be sent via email.
Our e-negotiation tool allows both parties to negotiate on an amount and see if an agreement can be reached. If this is unsuccessful, parties can move forward to mediation.
If you reach an agreement at negotiation or mediation, there will be a written agreement that both parties sign recording: who has rights to the domain name, what, if any, money needs to be exchanged the date and mechanism of the exchange of monies any enforcement that this is the final agreement.
The Domain Dispute Resolution Program Process
Stages for pilot program
1. E-negotiation
Engage in e-negotiation.
This allows a series of bids to be entered and the parties are presented with a proposed figure to settle the dispute.
2. Mediation
Engage in online mediation.
With the assistance of a third party neutral you get an opportunity to discuss wider issues including why you believe the domain name should belong to you.
Stages outside of pilot
3. Submit a complaint for Expert Determination
Parties are able to submit a complaint against the registrant of a domain name. We strongly encourage parties to try and engage via e-negotiation and mediation before this stage though.